Gujarat High Court
Heirs Of Deceased Jayantibhai Kalubhai ... vs M/S Himanshu Textile And Manufacturing ... on 25 July, 2025
NEUTRAL CITATION
C/SCA/10129/2025 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10129 of 2025
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HEIRS OF DECEASED JAYANTIBHAI KALUBHAI BHARVAD & ORS.
Versus
M/S HIMANSHU TEXTILE AND MANUFACTURING CO. & ORS.
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Appearance:
MR TATTVAM K PATEL(5455) for the Petitioner(s) No. 1,1.1,1.2,1.3
SIDDHARTH R KHESKANI(9483) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 25/07/2025
ORAL ORDER
1. Heard learned advocate Mr.Tatvam K. Patel for the petitioners and learned Senior Advocate Mr.Shalin Mehta with learned advocate Mr.Siddharth R. Kheskani for the respondent.
2. The present writ application is filed under Article 227 of the Constitution of India seeking the following relief:-
"(A) Your Lordships may be pleased to admit and allow this petition.
(B) Your Lordships may be pleased to quash and set aside the impugned order dated 09.05.2025 passed in Regular Civil Appeal No. 73 of 2025 by Additional District Judge, Ahmedabad (Rural) and thereby, may be pleased to allow application for stay filed by the petitioner in the Regular Civil Appeal No. 73 of 2025; Am (C) Pending the admission, hearing, and final disposal of the present petition, Your Lordships may be pleased to stay the operation of the order dated 09.05.2025 passed in Regular Civil Appeal No.73 of 2025 by the Ld. Additional District Judge, Ahmedabad (Rural) Av and further may be pleased to stay the operation, implementation, and execution of the judgment and Page 1 of 5 Uploaded by MOHD MONIS(HC01900) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:55 IST 2025 NEUTRAL CITATION C/SCA/10129/2025 ORDER DATED: 25/07/2025 undefined decree passed by the Id. 3rd Additional Senior Civil Judge, Ahmedabad (Rural) at Navrangpura in RCS No. 852 of 2005 (old HRP Suit No. 49 of 1983); 2 (D) Your Lordships may be pleased to grant ex parte ad-interim relief in terms of prayer C above in the interest of justice;
(E) Your Lordships may be pleased to grant such other and further relief and/or order in the interest of justice in favour of the petitioners."
3. At the outset, learned advocate Mr.Patel would submit that despite that there is a fact that petitioners herein are facing eviction Decree and timely, filed the appeal before the Appellate Court, injunction application was not heard and in fact, it was ordered to be heard along with Exh.1 i.e., Regular Civil Appeal No.73 of 2025 by calling record and proceeding. 3.1. Learned advocate Mr.Patel would submit that after 09.05.2025, which was returnable date, till date, neither Exh.1 i.e., Appeal nor Exh.5 i.e., injunction application filed in the appeal was taken up / heard and the next date of hearing fixed on 05.08.2025.
3.2. So, learned advocate Mr.Patel would submit that petitioners having faced execution from the respondent no.1, in that situation, if neither Exh.1 i.e., Appeal nor Exh.5 i.e., Page 2 of 5 Uploaded by MOHD MONIS(HC01900) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:55 IST 2025 NEUTRAL CITATION C/SCA/10129/2025 ORDER DATED: 25/07/2025 undefined injunction application of the petitioners will be heard in time, the purpose of that Regular Appeal will get frustrated, if execution will be completed.
3.3. Thus, learned advocate Mr.Patel, would request this court to pass appropriate order / direction to the Appellate Court for hearing Exh.1/Exh.5 filed in the Regular Civil Appeal No.73 of 2025.
4. Per contra, learned Senior Advocate Mr.Shalin Mehta with learned advocate Mr.Siddharth R. Kheskani for the respondent would submit that there is no objection on the side of the respondent to proceed with the hearing of Exh.01, i.e., the regular appeal filed by the petitioners, or at Exh.5, i.e., the injunction application filed by the petitioners herein, and respondent No.1 is always ready and willing to proceed with the hearing of both these proceedings instituted by the petitioners pending before the Appellate Court.
5. Having heard the learned advocates appearing for the respective parties, I am of the view that the Appellate Court either requires to hear the Regular Civil Appeal filed by the Page 3 of 5 Uploaded by MOHD MONIS(HC01900) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:55 IST 2025 NEUTRAL CITATION C/SCA/10129/2025 ORDER DATED: 25/07/2025 undefined petitioners below Exh.01, or else, in a case where it is unable to hear it finally, the injunction application so filed by the petitioners below Exhibit 5 in such appeal requires to be peremptorily heard on the next date of hearing, that is, 5th February 2025.
6. The parties to the appeal are required to extend their cooperation and support for the early hearing of either the appeal and/or the injunction application, as the case may be.
7. Thus, in view of the aforesaid, the Appellate Court is hereby directed to hear either the Regular Civil Appeal No.73 of 2025 filed by the petitioners herein, and in a case where it is not feasible for the Appellate Court to hear the appeal finally in a short period of time, in that eventuality, the injunction application filed by the petitioners herein below Exhibit 5 in the aforesaid appeal is required to be heard peremptorily on 5th February 2025, the day fixed by the Appellate Court itself.
8. In any case, if, for any reason, the Regular Civil Appeal No.73 of 2025 is not heard within a short period of time, the Page 4 of 5 Uploaded by MOHD MONIS(HC01900) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:55 IST 2025 NEUTRAL CITATION C/SCA/10129/2025 ORDER DATED: 25/07/2025 undefined injunction application shall have to be heard and adjudicated upon by the Appellate Court on or before 31st August 2025, as the petitioners are facing execution filed by the respondent no.1 - Decree-holder.
9. It is made clear that this Court has neither gone into nor examined the merits of the matter and all rights and contentions of the respective parties are kept open and to be decided by the Appellate Court independently in accordance with law.
10. In view of the aforesaid, the present application is disposed of. No order as to costs.
(MAULIK J.SHELAT,J) MOHD MONIS Page 5 of 5 Uploaded by MOHD MONIS(HC01900) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:55 IST 2025